PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE AND SERVICES OFFERED BY BELLA BALLOONS (“BELLA BALLOONS”). THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU (“YOU” OR “USER”). Your use of https://www.bellaballoons.ca/ (the “Site”) is expressly conditioned on your acceptance without modification of the following Terms of Use. By using this Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms of Use, including those additional conditions and policies. These Terms of Use apply to all users of the Site, including, without limitation, vendors, merchants, contributors of content, information and other materials or services on the Site. Using this site is the equivalent of your signature and indicates your acceptance of these Terms of Use and that you intend to be legally bound by them. If you do not agree with them, please refrain from using this site.

Note that all of the Terms of Use below are subject to the laws of the place where you live, and some of them might not be binding on you under those laws.

Bella Balloons may, in its sole discretion and for any reason, modify, supplement or amend these Terms of Use without any notice or liability to you or any other person, by posting revised Terms of Use on the Site. Your continued use of the Site signifies your acceptance of any revised Terms of Use, so check back frequently to read the most recent version.

 

Ownership

The Bella Balloons website, its design, all text, graphics, content, video, audio and the selection and arrangement of the Site are the property of Bella Balloons, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on the Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Bella Balloons or the applicable Third Parties.

Bella Balloons, the Site, and all other related trademarks and design marks displayed on the Site (collectively, the “Trademarks”) are registered and common law trademarks of Bella Balloons. Other trademarks and design marks appearing on this website are trademarks of their respective owners. The trademarks of any credit or debit processing company; ie. Paypal are used under license. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Bella Balloons or the other party that may own the applicable trademarks.

 

Copyright

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bella Balloons or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this website is the exclusive property of Bella Balloons and protected by Canadian and international copyright laws. All software used on this website is the property of Bella Balloons or its software suppliers and protected by Canadian and international copyright laws.

 

Use of Site

You may use this website only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use this website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this website is lawful, and you must comply with all applicable laws. Bella Balloons reserves the right to request proof of identification and age. Bella Balloons ships products only to addresses in Canada.

Neither the Site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Bella Balloons, except that you may download, display and print the content presented on the Site for your personal, non-commercial use only. Unauthorized use of the Site and/or the content contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information from the Site for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on the Site.

You are prohibited from contributing, posting or transmitting to this website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Bella Balloons reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

In its sole discretion, in addition to any other rights or remedies available to Bella Balloons and without any liability whatsoever, Bella Balloons at any time and without notice may terminate or restrict your access to any component of the Site.

 

User Name and Password

Your Bella Balloons website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Bella Balloons. Bella Balloons recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Bella Balloons, and may be cancelled or suspended at any time by Bella Balloons without any notice or liability to you or any other person. Bella Balloons is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Bella Balloons of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

 

Privacy

You have read Bella Balloons’ Privacy Policy, the terms of which appear on the Site here https://bellaballoons.ca/privacy-policy and are incorporated into these Terms of Use, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by Bella Balloons in accordance with the terms of and for the purposes set out in Bella Balloons’ Privacy Policy.

 

Feedback

Bella Balloons enables visitors to the Site to provide Bella Balloons with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant Bella Balloons a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant Bella Balloons the right to use the name you submit with the Customer Content, if any, in connection with Bella Balloons’ rights set out in this section.

 

Pricing Policy

Bella Balloons has attempted to match online prices to those in stores; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across the country, items may be available online at the sale price before they are available in stores. Dealers are under no obligation to make promotional products available, or to match online prices until the sale begins in their region. Market conditions and competitive pressures may cause prices and availability to change without further notice. Bella Balloons’ dealers may sell items for less than the prices on this website. Additionally, although great care is taken in the production of the Bella Balloons website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.

All prices quoted are payable in Canadian Dollars and do not include shipping charges and, unless otherwise stated, do not include GST, PST, QST or HST.

With respect to items sold by Bella Balloons, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of that cancellation.

The Site offers limited-time sales values, special buys and items at Bella Balloons’ regular prices. Regular prices shown are the prices at which the products have been sold by Bella Balloons as of the date of issuance indicated. Your order will be deemed to be accepted only at the point when Bella Balloons sends a shipping confirmation email to the email address you provided. If you would like to change your order, call Customer Service toll-free at 1-866-418-2828. Please have your order number ready when you place your call. Do not email us with a request, as emails may not be processed in sufficient time to effect a change to an order during high volume periods.

Bella Balloons reserves the right to limit quantities, reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Bella Balloons believes that customer conduct violates applicable law or is harmful to the interests of Bella Balloons or any Third Parties.

All sizes quoted are approximate. Some items shown may require assembly.

Liability disclaimer – READ THE FOLLOWING CAREFULLY

Except as explicitly provided in these Terms of Use as amended from time to time, Bella Balloons make no representations or warranties of any kind, express or implied, regarding the Site and/or any content, products or services provided on the Site, all of which are provided on an “as is” and “as available” basis. Bella Balloons do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Site, or any of the content or data found on the Site, and expressly disclaim all warranties and conditions in respect of the Site, its content or data, and any products or services offered for sale on the Site, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Bella Balloons and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Bella Balloons and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video or audio from the Site.

 

Maximum Liability

If Bella Balloons or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Site or its content, or any of the products or services offered on the Site, the liability of Bella Balloons and the Third Parties will in no event exceed in the aggregate the amount paid by you under these Terms of Use for the specific product or service to which the loss or damage relates.

In no event will Bella Balloons or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Site or its content, the operation of this website or any failure or delay in the operation of this website (including, but not limited to the inability to use any component of the Site for purchases), or any of the products or services offered on the Site, even if advised of the possibility of damages.

 

Acknowledgement

The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you, and Bella Balloons acknowledges that in that case, parts of these Terms of Use will not be binding upon you.

 

Indemnification

You will indemnify and save harmless Bella Balloons and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Site.

 

Shipping, Risk of Loss

If we have your product(s) in stock, we will email you a shipping notice confirming that the items have shipped and are en-route to you; that notice is our acceptance of your order. In-stock orders (excluding special delivery items) normally ship within 2 business days of placing your order. Out-of-stock orders will ship once the item is back in stock, and will be shipped to the address you provide to us. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen. The risk of loss and title for purchased items pass to you upon our delivery to the carrier.

We reserve the right to limit quantities available for sale or sold.

We reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our website, we will provide you with an opportunity to place an order at the correct price.

Advertisements on our website are invitations to you to make offers to purchase products and services on this website and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order and forms a legally binding contract with Bella Balloons. The total price of your order will be charged to your credit card when our shipping notice email has been sent to your email address. If you wish to cancel an order, you may request a cancellation by logging into your account and cancelling your order or by calling 1-800-418-2828 at least seven days before delivery. However, we may not receive and process your cancellation request before we accept and ship your order, in which case your cancellation request may not be effective.

 

Returns

Bella Balloons will not be held responsible for any incidents that happen to our products after delivery. Returns will be handled on a case by case basis. Please send us an email to messageus@bellaballoons.ca to submit your case.

 

Accuracy of Information

We rely on the information you provide through this website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

Bella Balloons does not control the content or information provided by other users that is made available on the Site. You may find some content or information to be offensive, harmful, inaccurate or deceptive. There may further be risks to dealing with international trade and foreign nationals. By using the Site and any services offered by Bella Balloons, you agree to accept such risks and that Bella Balloons (its officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on the Site.

 

Links/Software

The Bella Balloons website may contain links to websites owned or operated by other entities which are not associated or affiliated with Bella Balloons or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Bella Balloons or the Third Parties of the linked website or information contained in the linked website, or of their security or privacy practices. Bella Balloons and the Third Parties will not be responsible or liable, directly or indirectly, for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the Bella Balloons website or any of its content in any form and by any method is strictly prohibited.

Linking to any other website is at your sole risk and Bella Balloons will not be responsible or liable for any damages in connection with such linking. In addition, Bella Balloons does not endorse or approve of any websites linked from or to the Site, except for other websites operated by Bella Balloons.

You may not gather, extract, reproduce and/or display on any other non-Bella Balloons website or other online service, any material on or from the Site, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of Bella Balloons.

If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms of Use.

 

Survival

The provisions above that follow the heading “Liability Disclaimer” will survive the termination of your access to the Site.

 

General

Relationships

The relationship between Bella Balloons and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of the Site.

 

Governing Laws, Jurisdiction

You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Site and these Terms of Use. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province.

 

Additional Terms

Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific website functions available on the Site.

 

Severability

These Terms of Use will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use.

 

Headings

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

 

Entire Agreement

These Terms of Use, together with those incorporated or referred to in these Terms of Use, constitute the entire agreement between us pertaining to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter, and may not be amended or modified except by Bella Balloons as set out above. There are no representations, warranties or other agreements between us in connection with the subject matter of these Terms of Use, except as specifically set out in these Terms of Use. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use.

 

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.